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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34849
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am trying to get these people out of my mothers home

Customer Question

I am trying to get these people out of my mothers home because they will not willingly leave and they do not pay anything. I am my mothers POA.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: washington
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
Also, My sister and brother in law live there and pay nothing....I am the only one who is paying for everything now because my mother went into a home. I need to get them out of the house so I can ready it for sale.
'
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are they under any type of written lease or are they just living there month to month?

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Have you given them any written notice to vacate?

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thanks

Barrister

Customer: replied 1 month ago.
There is no lease....My sister and her husband have been living there for years for free and this friend of theirs just wont leave...I have told him to leave and even called the cops but the cops told me that since he gets mail here that I have to evict him? And if so, do I have the authority to evict them if my mother is still alive?
Customer: replied 1 month ago.
No written notices have been given.
Expert:  Barrister replied 1 month ago.

Ok, if you are mother's POA and she doesn't want them to stay there, then you have the legal authority to evict anyone living there. Legally mother is their landlord and sister and brother are her tenants, the other person is a sub tenant.

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You have the authority to act for mother to evict anyone living there but you have to first start out by giving them all a written 20 day notice to vacate. Then if they don't vacate within that 20 days, you can file a formal eviction action in the courts to get a judgment and writ that the sheriff will execute to force them to leave.

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Once the 20 day notice expires, you can file the unlawful detainer action with the Superior court clerk.

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The clerk sets a hearing date and you are responsible for having the tenant served by the sheriff or constable. At the hearing date, the judge will hear from both sides and then issue an order granting you a judgment and issuing a writ of execution for any costs including reasonable attorney's fees (if you hired an attorney, which isn't mandatory).

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After the writ is issued, you can have the sheriff serve it on the tenant 5 days later and forcibly evict them if they haven't vacated.

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..

thanks

Barrister

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